Juanita Shoemaker, an 80-year-old female, was a resident at Regency Nursing and Rehabilitation Center. She fell in her room on September 25, 2009. She was transferred to Memorial Medical Center for the treatment of several broken ribs. She was released that same day and returned to Regency Nursing and Rehabilitation Center. She went into cardiac arrest the following day and died.

Shoemaker’s husband and estate sued the nursing home and the doctor, claiming that the injuries Ms. Shoemaker sustained in the fall were the proximate cause of her death and that her injuries were improperly diagnosed. The defendant argued that the statute of limitations had expired. The judge found that the statute of limitations had expired, and the case was dismissed.